By accessing this Medisys web site (“Site”) you agree to be bound by the following terms (“User Terms”). This Site is operated by Medisys Health Group Inc. “You” and “your” refer to users of the Site. The Site is the property of Medisys and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. Medisys reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with these User Terms, Medisys grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.

No warranty or representation

While Medisys uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Medisys, its suppliers or affiliates. Neither Medisys, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Medisys has been advised of or foresees the possibility of any damages occurring.

Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMLINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the content of this Site may occur without notice.

Use of information

The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Medisys, its suppliers or affiliates.

b) engage in any conduct that impersonates any person, licensed professional, business or entity, including Medisys and our employees and agents;

(c) otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.

Medisys reserves the right (but not the obligation) at our sole discretion to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.

Links

This Site may contain links to other web sites that are not under the control of Medisys. Medisys is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. Medisys provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Medisys of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.

Content

All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled or licensed by or to Medisys, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws.

Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without Medisys’ consent.

You may use information on Medisys products and services from the Site provided that: (i) you do not remove any proprietary notices, (ii) such use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.

User content

You may be able to post or upload (in designated areas of the Site) written or other content to the Site. By posting or uploading to the Site any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively “User Content”), you warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to your User Content and that neither you nor any third party will object to the use of your User Content by MEDISYS in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that MEDISYS is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential.

MEDISYS may edit or remove any or all User Content whether or not it is in violation of the provisions of these User Terms. MEDISYS is not responsible for User Content in any way. You hereby grant to MEDISYS a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to MEDISYS and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of MEDISYS.

If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that MEDISYS shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.

Monitoring

Medisys is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without Medisys’ consent. However, you agree that Medisys has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or (ii) disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if MEDISYS believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other MEDISYS user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. MEDISYS reserves the right in its sole discretion to issue any response it considers appropriate if MEDISYS becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.

Site policies

To access some features of the Site, you may have to register for a Medisys account. You are responsible for maintaining the confidentiality of any Medisys account that you may hold, including all login usernames and passwords that you may use to access any part of the Site. You are similarly responsible for all uses of your Medisys account through the Site whether or not such uses are actually authorized by you.

Consent

You acknowledge that you have read the Medisys Privacy Policy (as it may be updated from time to time) (the ” Medisys Privacy Policy”) and hereby consent to the collection, use and disclosure by Medisys and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Medisys Privacy Policy . Medisys’ use of customer information is also subject to applicable terms and conditions including those contained in MEDISYS’ Privacy Policy at https://www.medisys.ca/en-ca/company/legal/

Virus

Medisys assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.

Right of indemnification

You agree to defend, indemnify and hold Medisys, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

Limitation of liability

Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall Medisys, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet.

These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither Medisys nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents, shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.

Non-waiver

Medisys’ failure or delay in insisting upon or enforcing strict performance of any provision of these User Terms shall not be construed as a waiver of any provision or rights.

Governing laws

By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

Territory

The Site originates in Canada. Medisys’ products and services are offered in Medisys’ operating territory. Some products and services referred to on the Site may not be available in parts of Medisys’ operating territory.

Miscellaneous

These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between Medisys and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.